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Articles 1081 - 1110 of 1339
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Hastings Law News Vol.19 No.6, Uc Hastings College Of The Law
Hastings Law News Vol.19 No.6, Uc Hastings College Of The Law
Hastings Law News (1969/70-2001/02)
No abstract provided.
Second Degree Murder Sentences
Second Degree Murder Sentences
Initiatives
SECOND DEGREE MURDER SENTENCES. INITIATIVE STATUTE. Present Penal Code section 190 provides second degree murder prison sentence is for term of "15 years to life." This measure changes term to "ten, thirteen, or twenty years." A person convicted of second degree murder will be sentenced to the thirteen year term if the person used a weapon or was guilty of additional felonies and to twenty year term if death resulted from the person's operation of a motor vehicle while under influence of alcohol. Except for twenty year sentence, amendments apply retroactively to November 8, 1978, thereby reducing some minimum terms. …
When Courts Come Knocking At The Cult's Door: Religious Cults And The First Amendment, Craig Andrews Parton
When Courts Come Knocking At The Cult's Door: Religious Cults And The First Amendment, Craig Andrews Parton
UC Law SF Communications and Entertainment Journal
The author argues that recent exploits of religious "cults" have made them subject to a variety of legal attacks, ranging from criminal and civil actions to remedies stemming from constitutional violations. While acknowledging cult abuses and even documenting research concerning reprehensible cult activities, the author nevertheless emphasizes the need for first amendment protection for those involved in aberrant religious practices. The author argues that religious proselytizing is protected activity, and abuses may be adequately remedied under traditional tort and criminal law. After surveying various remedies already implemented or suggested by anti-cult forces, the author examines a proposal that proselytizers be …
False Light Invasion Of Privacy: Untangling The Web Of Uncertainty, Ruth Walden, Emile Netzhammer
False Light Invasion Of Privacy: Untangling The Web Of Uncertainty, Ruth Walden, Emile Netzhammer
UC Law SF Communications and Entertainment Journal
In Time, Inc. v. Hill, 1967, the U.S. Supreme Court held that proof of actual malice was required for a plaintiff to prevail in a false light invasion of privacy suit resulting from publication of a matter of public interest. Seven years later in Gertz v. Robert Welch, Inc., the Court repudiated the matter-of-public interest standard in defamation actions in favor of a standard focusing on the status ofthe plaintiff. Courts and commentators began speculating on whether the Court in Gertz had, in effect, overturned Hill sub silentio. Analysis of more than forty false light opinions handed down since Gertz …
Elected District Attorney
Propositions
ELECTED DISTRICT ATTORNEY. LEGISLATIVE CONSTITUTIONAL AMENDMENT. Presently the State Constitution does not provide for elected district attorneys. State statutory law provides for elected district attorneys but provides that office may be made appointive office by local popular vote. This measure amends the Constitution to require the Legislature provide for an elected district attorney in all counties. Summary of Legislative Analyst's estimate of state and local government fiscal impact: This measure would have no direct state or local fiscal effect.
On Prosecutorial Ethics, Carol A. Corrigan
On Prosecutorial Ethics, Carol A. Corrigan
UC Law Constitutional Quarterly
No abstract provided.
Legal Ethics, Client Perjury And The Privilege Against Self-Incrimination, Thomas S. Donovan
Legal Ethics, Client Perjury And The Privilege Against Self-Incrimination, Thomas S. Donovan
UC Law Constitutional Quarterly
No abstract provided.
Automatic Disbarment: A Convicted Felon's Just Desserts, Michael A. Gentile, Sarah Diane Mcshea
Automatic Disbarment: A Convicted Felon's Just Desserts, Michael A. Gentile, Sarah Diane Mcshea
UC Law Constitutional Quarterly
No abstract provided.
Nix V. Whiteside: The Lawyer's Role In Reponse To Perjury, James R. Mccall
Nix V. Whiteside: The Lawyer's Role In Reponse To Perjury, James R. Mccall
UC Law Constitutional Quarterly
No abstract provided.
The Constitutional Problems With Late Motions To Disqualify Criminal Defense Counsel: A Proposed Solution, Judith Tury
The Constitutional Problems With Late Motions To Disqualify Criminal Defense Counsel: A Proposed Solution, Judith Tury
UC Law Constitutional Quarterly
No abstract provided.
A Case Against Automatic Disbarment, Abraham Abramovsky
A Case Against Automatic Disbarment, Abraham Abramovsky
UC Law Constitutional Quarterly
No abstract provided.
County Correctional Facility Capital Expenditure Bond Act Of 1986
County Correctional Facility Capital Expenditure Bond Act Of 1986
Propositions
COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE BOND ACT OF 1986. This act provides for the construction, reconstruction, remodeling, and replacement of county correctional facilities and the performance of deferred maintenance thereon pursuant to a bond issue of four hundred ninety-five million dollars ($495,000,000).
State High Courts, State Constitutions, And Individual Rights Litigation Since 1980: A Judicial Survey, Ronald K. L. Collins, Peter J. Galie, John Kincaid
State High Courts, State Constitutions, And Individual Rights Litigation Since 1980: A Judicial Survey, Ronald K. L. Collins, Peter J. Galie, John Kincaid
UC Law Constitutional Quarterly
No abstract provided.
Terrorists And Special Status: The British Experience In Northern Ireland, Jay M. Spillane
Terrorists And Special Status: The British Experience In Northern Ireland, Jay M. Spillane
UC Law SF International Law Review
The political and social fragmentation of Northern Ireland is well known, and the violent tactics employed by some members of the warring communities are infamous. This Note examines the conflict between Britain's treatment for politically motivated criminals in Northern Ireland and the human rights guarantees provided in various international conventions. The author concludes that politically motivated terrorists are now treated differently from other criminals and, accordingly, should be accorded the status of "special prisoners," with corresponding human rights protections.
Criminal Nonsupport And A Proposal For An Effective Felony-Misdemeanor Distinction, Kirsten Howe
Criminal Nonsupport And A Proposal For An Effective Felony-Misdemeanor Distinction, Kirsten Howe
UC Law Journal
Parents' failure to provide necessary support for their children contributes greatly to the increasing childhood poverty rate in the United States. Nonsupport is a crime in all fifty states, but in California this crime is no longer chargeable as a felony. The California Court of Appeal in People v. Gregori held that Penal Code section 270, which prescribed felony sanctions only for defendants whose parental status had previously been adjudicated, violated the equal protection clauses of the United States and California Constitutions by impairing the fundamental right of access to the courts. This Note discusses the magnitude of the problems, …
The Emperor Gideon Has No Clothes: The Empty Promise Of The Constitutional Right To Effective Assistance Of Counsel, Richard Klein
The Emperor Gideon Has No Clothes: The Empty Promise Of The Constitutional Right To Effective Assistance Of Counsel, Richard Klein
UC Law Constitutional Quarterly
No abstract provided.
The Suspect As A Source Of Testimonial Evidence: A Comparison Of The English And American Approaches, Gordon Van Kessel
The Suspect As A Source Of Testimonial Evidence: A Comparison Of The English And American Approaches, Gordon Van Kessel
UC Law Journal
No abstract provided.
The Battered Woman Syndrome And Self-Defense: A Legal And Empirical Dissent, David L. Faigman
The Battered Woman Syndrome And Self-Defense: A Legal And Empirical Dissent, David L. Faigman
Faculty Scholarship
No abstract provided.
Rising Above Principle, Geoffrey C. Hazard Jr.
Rising Above Principle, Geoffrey C. Hazard Jr.
Faculty Scholarship
No abstract provided.
The Suspect As A Source Of Testimonial Evidence: A Comparison With The English Approach, Gordon Van Kessel
The Suspect As A Source Of Testimonial Evidence: A Comparison With The English Approach, Gordon Van Kessel
Faculty Scholarship
No abstract provided.
The Hearsay Rule And The Stability Of Verdicts: A Response To Professor Nesson, Roger C. Park
The Hearsay Rule And The Stability Of Verdicts: A Response To Professor Nesson, Roger C. Park
Faculty Scholarship
No abstract provided.
Criminal Proceedings.
Initiatives
CRIMINAL PROCEEDINGS. INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE. Amends constitution to enact changes in criminal trial proceedings. Provides judges rather than attorneys shall question prospective jurors; questions limited to determining whether jurors can be challenged for cause. Requires that questioning be in presence of other jurors. Excepting death penalty cases, provides that verdict may be rendered by 10 of 12 jurors rather than by unanimous vote. Provides grand jury indictment is sufficient to compel a trial without a preliminary hearing. Requires Superior Court judges prepare and post specified reports, including sentences, plea bargains, and sentence recommendations. Makes other changes. Summary of …
Hastings Community (Summer 1985), Hastings College Of The Law Alumni Association
Hastings Community (Summer 1985), Hastings College Of The Law Alumni Association
Hastings Alumni Publications
No abstract provided.
Stanley Mosk: A Federalist For The 1980'S, Arthur J. Goldberg
Stanley Mosk: A Federalist For The 1980'S, Arthur J. Goldberg
UC Law Constitutional Quarterly
No abstract provided.
Constricting Federal Habeas Corpus: From Great Writ To Exceptional Remedy, Yale L. Rosenberg
Constricting Federal Habeas Corpus: From Great Writ To Exceptional Remedy, Yale L. Rosenberg
UC Law Constitutional Quarterly
No abstract provided.
The Penal Dimensions Of Punitive Damages, Jeffery W. Grass
The Penal Dimensions Of Punitive Damages, Jeffery W. Grass
UC Law Constitutional Quarterly
No abstract provided.
Preservation Of Material Evidence In California: Does Hitch Survive Trombetta, Charles P. Maher
Preservation Of Material Evidence In California: Does Hitch Survive Trombetta, Charles P. Maher
UC Law Constitutional Quarterly
No abstract provided.
The Warren And Burger Courts On State, Parent, And Child Conflict Resolution: A Comparative Analysis And Proposed Methodology, Sharon Elizabeth Rush
The Warren And Burger Courts On State, Parent, And Child Conflict Resolution: A Comparative Analysis And Proposed Methodology, Sharon Elizabeth Rush
UC Law Journal
Developing a framework for analyzing children's rights issues is difficult due to the inherent tension between individual freedom and the traditional role of the family in society. The United States Supreme Court has failed to use a consistent framework in resolving conflicts among the child, parent, and the state. Because increasingly complex and controversial children's rights issues are arising, a consistent framework must be developed to assist courts adjudicating these conflicts. This Article proposes a methodology for resolving state-parent- child conflicts. This methodology reduces each state-parent-child conflict to either a state-parent or a state-child controversy. Under this framework, children are …
Punitive Damages In California: The Drunken Driver, Carl W. Chamberlin
Punitive Damages In California: The Drunken Driver, Carl W. Chamberlin
UC Law Journal
In an attempt to mitigate the carnage wrought by drunken drivers, many jurisdictions have imposed punitive damages against defendants who caused an accident while driving under the influence of alcohol. In Taylor v. Superior Court, the California Supreme Court allowed a claim for such damages on the ground that the defendant had exhibited a conscious disregard for the safety of others. The scope of the Taylor decision and the theoretical propriety of imposing punitive liability for unintentional harms, however, are not altogether clear. The Note examines the public policies of punishment and deterrence and the California conscious disregard standard. The …
Defense Counsel As A Witness For The Prosecution: Curbing The Practice Of Issuing Grand Jury Subpoenas To Counsel For Targets Of Investigations, Ellen R. Peirce, Leonard J. Colamarino
Defense Counsel As A Witness For The Prosecution: Curbing The Practice Of Issuing Grand Jury Subpoenas To Counsel For Targets Of Investigations, Ellen R. Peirce, Leonard J. Colamarino
UC Law Journal
The practice of subpoenaing an attorney to appear before a federal grand jury investigating his client seriously intrudes upon the attorney-client relationship. It permits the government to create the possibility of a conflict of interest between attorney and client that could lead to the attorney's disqualification. In addition, it discourages full and open discussion between attorney and client, erodes the client's trust and confidence in his attorney, and creates the possibility that the attorney may supply information that incriminates his client. This Article reviews the nature and scope of federal grand jury subpoenas and the unique problems an attorney faces …